非法证据排除规则在我国的现状与构建

在刑事诉讼中排除以非法手段收集的证据,是诉讼程序民主化、法治化的必然要求。非法证据排除规则已成为世界各国通行的刑事诉讼的采证规则之一,我国对此却没有在立法层面体现,在实践中对非法证据也是很少排除。我国应借鉴美、德等国有益的做法,建构起完整的非法证据排除规则,在宪法中明文规定正当程序或非法证据排除的原则性条款,对非法言词、实物、衍生、侦查陷阱证据依法排除。

The Reality and Re -creation of Exclusionary Rule of Illegally Obtained Evidence In Criminal of Suit Our Country

In dealing with the lawsuit of a criminal case, to role out evidences collected through unlawful channels is a natural requirement that makes the lawsuit procedure more democratic and rule by law. The exclusionary rule of illegally obtained evidence has been used in criminal suits in many countries of the world. We should reference other good ideas and establish the exclusionary rule of illegally obtained evidence thoroughly.